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Scott v. Bush

United States District Court, E.D. Missouri, Eastern Division

January 27, 2015

TODD W. SCOTT, Petitioner,
v.
UNKNOWN BUSH, et al., Respondents.

OPINION, MEMORANDUM AND ORDER

HENRY EDWARD AUTREY, District Judge.

This matter is before the Court upon review of petitioner's motion for leave to proceed in forma pauperis [Doc. #2]. The Court will grant the motion.

Petitioner, a pre-trial detainee at the St. Louis City Justice Center, has filed a petition for writ of habeas corpus [Doc. #1]. Liberally construing the petition, petitioner is challenging the merits of his ongoing state criminal proceeding; however, the habeas petition was not drafted on a court-provided form, and it is unclear if petitioner exhausted his available remedies prior to filing this action.[1] For these reasons, the Court will instruct petitioner to file an amended petition on a court-provided form.

Therefore,

IT IS HEREBY ORDERED that petitioner's request for leave to proceed in forma pauperis [Doc. #2] is GRANTED.

IT IS FURTHER ORDERED that the Clerk of Court shall forward to petitioner the court-provided form for filing a "Petition for a Writ of Habeas Corpus under 28 U.S.C. ยง 2241" (Form AO-0242).

IT IS FURTHER ORDERED that petitioner shall complete this habeas corpus form petition in its entirety and return it to the Court within thirty (30) days from the date of this Order.

IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action, without prejudice and without further notice to him.


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